1 2025:CGHC:27966 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3208 of 2025 Mohd. Reyaj Ansari S/o Mohd. Husain Aged About 62 Years R/o Ward No. 3 Balrampur Distt.- Balrampur-Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt.- Raipur (C.G.) 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur Distt.- Raipur (C.G.) 3 - The Collector Balrampur Distt.- Balrampur-Ramanujganj (C.G.) 4 - Sub-Divisional Officer (Revenue) Balrampur Distt.- Balrampur- Ramanujganj (C.G.) 5 - Tahsildar Balrampur, Distt.- Balrampur-Ramanujganj (C.G.) 6 - Chief Municipal Officer Nagarpalika Parishad Balrampur, Distt.- Balrampur-Ramanujganj (C.G.). ---- Respondents For Petitioner : Mr. A.N. Pandey, Advocate For State : Mr. Praveen Das, Dy. A.G along with Ms. Upasana Mehata, Dy. GA VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.06.27 10:55:48 +0530 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 26/06/2025 1. The present writ petition has been filed by the petitioner on the following relief(s) : “10.1 That, this Hon'ble court may kindly be pleased to direct the respondent no.3 to consider and decide the case of petitioner bearing no. 20250627220013 for correction of his name in revenue record of the subject land under section 89 read with section 115 of Land Revenue Code which is pending before the responder no.5 ANNEXURE P/6 as early as possible. 10.2 That, this Hon'ble court may kindly be pleased to set aside of the eviction notice dated ANNEXURE P/10. 30.5.2025 issued by the Tahsildar. 10.3 That, this Hon'ble court may kindly be pleased to restrain the respondent authorities to not dispossess the petitioner from the subject land and house till the final decision of the application for correction of his name in revenue record before the respondent no.4 in pursuance of eviction notice dated 30.5.2025. 3 10.4 Any, other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner contended that the petitioner is the owner of the subject land by way of the patta granted by the revenue authorities in the year 1982 in the name of petitioner and the name of petitioner was mutated in the revenue record and he is not encroacher of the subject land. The name of the petitioner was mutated in revenue record of the subject land till 1986 but due mistake of revenue authorities the said land was entered as Govt. land and the said facts was not in knowledge of the petitioner and after receiving of knowledge, petitioner immediately filed an application for correction in the revenue record before the S.D.O which is still pending and till date no order has been passed. He further contended that the Tahsildar without considering the reply submitted by the petitioner and without passing any order and without passing the final order under section 248 of Land Revenue Code eviction notice was issued to the petitioner and directed to vacate the subject house and land within 7 days on dated 30.5.2025 and in the eviction notice it has been mention that in pursuance of final order, eviction notice has been issued but in the order sheet after 23.5.2025, no proceeding was drawn by the Tahsildar therefore the eviction notice issued by the Tahsildar dated 30.5.2025 4 is illegal, arbitrary and contrary to law. The entire proceeding initiated by the Tahsildar is hard and fast manner and in arbitrary manner and without following the procedure of law therefore the petitioner is praying for hold the enquiry in the present case. He further contended that the entire case of the petitioner is based on pending application for correction of the name of petitioner in the revenue record of the subject land which is still pending and till date no final order has been passed by the S.D.O and during the pendency of the application before the S.D.O, learned Tahsildar initiated the proceeding under section 248 of Land Revenue Code and the said proceeding is still pending and no final order has been passed till date but eviction notice was issued by the Tahsildar which is illegal, arbitrary and contrary to law. He further contended that the petitioner in possession of the subject land since long period and constructed the house and residing with their family after allotment of patta of the subject land and he is owner of the subject land but due to mistake of revenue authorities, name of petitioner was deleted and interred as Govt. land and due to arbitrary action on the part of respondent no. 5, petitioner has been dispossess from the subject land and demolish the residential house then the petitioner will suffer irreparable loss and injury. 3. Learned counsel for the State opposes the submission made by learned counsel for the petitioner. 5 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Given the facts of the case, this writ petition stands disposed of directing to respondent No.4/Sub-Divisional Officer(R), Balrampur to take appropriate decision on the application for correction in revenue record on the basis of patta given by the petitioner at the earliest preferably within a period of 03 months from the date of receipt of copy of this order. Meanwhile, the respondent authorities are directed to no coercive steps shall be taken against the petitioner regarding dispossess from the said property. 6. Accordingly, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant